Republic of the Philippines corrected or changed only by reference to other existing record or
OFFICE OF THE CIVIL REGISTRAR GENERAL records: Provided, however, That no correction must involve the
National Statistics Office
Manila
ADMINISTRATIVE ORDER NO. 1, SERIES OF 2001
Subject: RULES AND REGULATIONS GOVERNING THE
IMPLEMENTATION OF REPUBLIC ACT NO. 9048
Pursuant to Section 10 of R.A. No. 9048, which took effect on 22 April 2001, the
following rules and regulations are hereby promulgated for the information,
guidance and compliance of all concerned parties.
PRELIMINARY STATEMENT
Article 376 of the Civil Code provides that "No person can change his name or
surname without judicial authority.". Article 412 of the same Code provides that
"No entry in a civil register shall be changed or corrected, without a judicial
order.".
Republic Act No. 9048 amended Articles 376 and 412. Section 1 of this
amendatory law provides: "No entry in a civil register shall be changed or
corrected without a judicial order, except for clerical or typographical errors and
change of first name or nickname which can be corrected or changed by the
concerned city or municipal civil registrar or consul general in accordance with the
provisions of this Act and its implementing rules and regulations.".
As provided under Section 10 of Republic Act No. 9048, the Civil Registrar
General promulgated these rules and regulations, in consultation with the
representatives from the Department of Justice, Department of Foreign Affairs,
Office of the Supreme Court Administrator, University of the Philippines Law
Center and Philippine Association of Civil Registrars.
IMPLEMENTING RULES AND REGULATIONS
Rule 1. Authority to correct clerical or typographical error and to change first
name or nickname. - The city/municipal civil registrar, Consul General, including
the Clerk of the Shari'a Court in his capacity as District or Circuit Registrar of
Muslim Marriages, Divorces, Revocations of Divorces and Conversions, are
hereby authorized to correct clerical or typographical error and to change first
name or nickname in the civil register.
Rule 2. Definition of terms. - As used in this Order, the following terms shall
mean:
2.1. City or Municipal Civil Registrar (C/MCR) - Refers to the head of the
local civil registry office (LCRO) of the city or municipality, as the case
may be, who is appointed by the city or municipal mayor in
accordance with the provisions of existing laws.
2.2. Consul General (CG) - Refers to an official of the Department of
Foreign Affairs who has been issued the consular commissions by the
President and/or the Secretary of Foreign Affairs. In a foreign service
establishment of the Philippines where there is no Consul General, the
civil registration function and duties herein provided for the Consul
General shall be exercised and performed by the Consul or Vice Consul
who should be similarly issued consular commissions by the President
and/or the Secretary of Foreign Affairs.
2.3. District/Circuit Registrar (D/CR) - Refers to the Clerk of the Shari'a
District or Circuit Court acting in the performance of its civil
registration function with regard to Muslim Marriages, Divorces,
Revocations of Divorces and Conversions under Title VI, Book Two of
Presidential Decree No. 1083 which is otherwise known as the Code of
Muslim Personal Laws.
2.4. Civil Registrar General (CRG) - Refers to the Administrator of the
National Statistics Office (NSO) which is the agency mandated to carry
out and administer the provisions of laws on civil registration.
2.5. Local Civil Registry Office (LCRO) - Refers to an office or department in
the city or municipal government that is mandated to perform civil
registration function.
2.6. Petitioner - Refers to a natural person filing the petition and who has
direct and personal interest in the correction of a clerical or
typographical error in an entry or change of first name or nickname in
the civil register.
2.7. Indigent petitioner - Refers to a destitute, needy and poor individual
who is certified as such by the social welfare and development office
of the city/municipal government.
2.8. Clerical or typographical error - Refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing
an entry in the civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth or the like, which is
visible to the eyes or obvious to the understanding, and can be
change of nationality, age, status or sex of the petitioner.
2.9. First name - Refers to the name or nickname given to a person which
may consist of one or more names in addition to the middle and last
names.
2.10. Civil Register - Refers to the various registry books and related
certificates and documents kept in the archives of the LCROs,
Philippine Consulates, Office of the Civil Registrar General, and Shari'a
District/Circuit Courts.
2.11. Newspaper of general circulation - Refers to a newspaper that is
published for the dissemination of local news and general information;
that has a bona fide subscription list of paying subscribers; and that is
published at regular intervals.
2.12. Record-keeping civil registrar (RKCR) - Refers to the C/MCR in whose
archive is kept the record, which contains the error to be corrected or
the first name to be changed. This term shall be used only in cases
involving migrant petitioner.
2.13. Petition-receiving civil registrar (PRCR) - Refers to the C/MCR of the
city or municipality where the petitioner resides or is domiciled and
who receives the petition on behalf of the RKCR in the case of a
migrant petitioner.
2.14. Migrant petitioner (MP) - Refers to a petitioner whose present
residence or domicile is different from the place where the civil
registry record to be corrected was registered.
2.15. Spouse - Refers to one's legal wife or legal husband.
2.16. Guardian - Refers to a person lawfully invested with the power, and
charged with the duty, of taking care of the person and managing the
property and rights of another person, who, for defect of age,
understanding, or self-control, is considered incapable of
administering his own affairs. This term may refer also to those who,
under Article 216 of the Family Code, are authorized to exercise
substitute parental authority over the child in default of parents or a
judicially appointed guardian. These persons are the following:
2.16.1. The surviving grandparent, as provided in Article 214 of
the Family Code;
2.16.2. The oldest brother or sister, over twenty-one years of
age, unless unfit or disqualified; and
2.16.3. The child's actual custodian, over twenty-one years of
age, unless unfit or disqualified.
Rule 3. Who may file the petition. - Any person of legal age, having direct and
personal interest in the correction of a clerical or typographical error in an entry
and/or change of first name or nickname in the civil register, may file the
petition. A person is considered to have direct and personal interest when he is
the owner of the record, or the owner's spouse, children, parents, brothers,
sisters, grandparents, guardian, or any other person duly authorized by law or by
the owner of the document sought to be corrected: Provided, however, That
when a person is a minor or physically or mentally incapacitated, the petition
may be filed on his behalf by his spouse, or any of his children, parents, brothers,
sisters, grandparents, guardians, or persons duly authorized by law.
Rule 4. Where to file the petition. - The verified petition may be filed, in person,
with the LCRO of the city or municipality or with the Office of the Clerk of the
Shari'a Court, as the case may be, where the record containing the clerical or
typographical error to be corrected, or first name to be changed, is registered.
When the petitioner had already migrated to another place within the Philippines
and it would not be practical for such party, in terms of transportation expenses,
time and effort to appear in person before the RKCR, the petition may be filed, in
person, with the PRCR of the place where the migrant petitioner is residing or
domiciled.
Any person whose civil registry record was registered in the Philippines, or in any
Philippine Consulate, but who is presently residing or domiciled in a foreign
country, may file the petition, in person, with the nearest Philippine Consulate, or
in accordance with Rule 3.
Rule 5. Processing of the petition. - The C/MCR shall:
5.1. Examine the petition as to completeness of requirements and
supporting documents as required under Rule 8.
5.2. Determine whether or not the civil registry document, which is the
subject of the petition, forms part of the civil register of his office. If it is
part of the civil register of his office, he shall assume jurisdiction,
otherwise, Rule 6 shall apply.
5.3. Receive the petition upon payment of the prescribed fees by the
petitioner.
5.4. Ensure that posting or publication requirement is complied with in
accordance with Rule 9.
5.5. Investigate and consider any third party intervention to the petition.
 5.6. Enter all petitions in the appropriate record book, as may be prescribed
by the CRG, indicating therein, among others, the following
information:
5.6.1. Petition number
5.6.2. Name of petitioner
5.6.3. Type of petition
5.6.4. Date of petition
5.6.5. Date of receipt
5.6.6. Entry sought to be corrected/changed
5.6.7 Correction/Change made
5.6.8 Action taken or decision
5.7 Act on the petition within five (5) working days after the completion of
the posting and/or publication requirement. In case the C/MCR, CG or
D/CR approves the petition, he shall render his decision in a prescribed
form in triplicate copies, indicating therein the entry sought to be
corrected or the first name sought to be changed in the civil register,
and the corresponding correction or change made.
5.8 Deny the petition for correction of clerical or typographical error based
on any of the following grounds:
5.8.1. The supporting documents are not authentic and
genuine.
5.8.2. The C/MCR has personal knowledge that a similar
petition is filed or pending in court or in any other
LCRO.
5.8.3. The petition involves the same entry in the same
document, which was previously corrected or
changed under this Order.
5.8.4. The petition involves the change of the status, sex,
age or nationality of the petitioner or of any person
named in the document.
5.8.5. Such other grounds as the C/MCR may deem not
proper for correction.
5.9. In the case of petition for change of first name or nickname, the C/MCR
shall deny the petition based on any of the following grounds, in
addition to Rule 5.8.1 to Rule 5.8.3:
5.9.1. The first name or nickname sought to be changed is
neither ridiculous, nor tainted with dishonor nor
extremely difficult to write or pronounce.
5.9.2. The new first name or nickname sought to be
adopted has not been habitually and continuously
used by the petitioner, and he has not been publicly
known by that first name or nickname in the
community.
5.9.3. There is no confusion to be avoided or created with
the use of the registered first name or nickname of
the petitioner.
5.10. Record the decision in the appropriate record book as mentioned in
Rule 5.6, and shall transmit said decision together with the records of
proceedings to the OCRG within five (5) working days after the date of
decision.
Insofar as applicable, Rule 5 shall be observed also by the CG and D/CR.
Rule 6. Procedures for migrant petitioner. - When the petition is for or from a
person who is a resident or domiciled in a place different from the place where
the document sought to be corrected was registered, the following procedures
shall be observed:
6.1. The PRCR shall perform the following:
6.1.1. Examine the petition as to completeness of requirements and
supporting documents as required under Rule 8.
6.1.2. Receive the petition upon payment by the petitioner of
prescribed fees as required under Rule 18.
6.1.3. Ensure that posting or publication of the petition as required
under Rule 9 is complied with.
6.1.4. Endorse the petition and its supporting documents, including
the filing fee in postal money order or in any other mode of
payment to the RKCR.
6.2. The RKCR shall perform the following:
6.1.1. Examine the petition as to completeness of requirements and
supporting documents as required under Rule 8 and as
transmitted by the PRCR.
6.1.2. Observe the procedures under Rule 5.5 to Rule 5.9.
Insofar as applicable, Rule 6 shall be observed also by the CG and D/CR.
Rule 7. Availment of the privilege. - The correction of clerical or typographical
error shall be availed of only once with respect to a particular entry or entries in
the same civil registry record. However, with regard to the change of first name
or nickname in the birth certificate, the privilege shall be availed of only once
subject to Rule 12 hereunder.
Rule 8. Form and content of the petition. - The petition shall be in the prescribed
form of an affidavit, subscribed and sworn to before any person authorized by
law to administer oath. The affidavit shall set forth facts necessary to establish
the merits of the petition and shall show affirmatively that the petitioner is
competent to testify to the matters stated. The petitioner shall state the
particular erroneous entry or entries sought to be corrected or the first name
sought to be changed, and the correction or change to be made.
8.1. The petition for the correction of clerical or typographical error shall be
supported with the following documents:
8.1.1. A certified true machine copy of the certificate or of the page of
the registry book containing the entry or entries sought to be
corrected or changed;
8.1.2. At least two (2) public or private documents showing the
correct entry or entries upon which the correction or change
shall be based;
8.1.3. Notice or certification of posting
8.1.4. Other documents which the petitioner or the C/MCR, or the CG,
or D/CR may consider relevant and necessary for the approval
of the petition.
8.2. In case of change of first name or nickname, the petition shall be
supported with the following documents and shall comply with the
following requirements:
8.2.1. Documents required under Rule 8.1.
8.2.2. A clearance or a certification that the owner of the document
has no pending administrative, civil or criminal case, or no
criminal record, which shall be obtained from the following:
8.2.2.1. Employer, if employed
8.2.2.2. National Bureau of Investigation
8.2.2.3. Philippine National Police
8.2.3. Affidavit of publication from the publisher and a copy of the
newspaper clipping.
8.3. The C/MCR, CG or D/CR shall not accept a petition unless all
requirements and supporting documents are complied with by the
petitioner.
8.4. The petition and its supporting documents shall be filed in three (3)
copies, and upon acceptance, shall be distributed as follows:
8.4.1. First copy to the concerned C/MCR, CG or D/CR,
8.4.2. Second copy to the OCRG, and
8.4.3. Third copy to the petitioner.
Rule 9. Posting and publication of the petition. - The petition shall be posted by
the concerned C/MCR, CG or D/CR in a conspicuous place provided for that
purpose for ten (10) consecutive days after he finds the petition and its
supporting documents sufficient in form and substance.
For a change of first name, the petition shall, in addition to the above-stated
posting requirements, be published at least once a week for two (2) consecutive
weeks in a newspaper of general circulation. As proof of publication, the
petitioner shall attach to the petition a clipping of the publication and an affidavit
of publication from the publisher of the newspaper where publication was made.
In the case of migrant petitioner, the petition shall be posted first at the office of
the PRCR for ten (10) consecutive days before sending it to the RKCR. Upon
receipt, the RKCR shall post again the petition in his office for another ten (10)
consecutive days. When the petition is for a change of first name, the migrant
petitioner shall publish the petition in a newspaper of general and national
circulation.
In the case where a person's civil registry record or records were registered in the
Philippines or in any of the Philippine Consulates, but the persons presently
resides or is domiciled in a foreign country, posting and/or publication, as the
case may be, shall be done in the place where the petition is filed and in the
place where the record sought to be corrected is kept.
Rule 10. Duties of the C/MCR. - The C/MCR shall have the following duties:
10.1. Examine the petition and its supporting documents.
10.2. If necessary, conduct investigation by interviewing and asking probing
questions to the petitioner.
10.3. Post the petition in a conspicuous place provided for that purpose for
ten (10) consecutive days after he finds the petition and its supporting
documents sufficient in form and substance.
 10.4. Act on the petition and render a decision not later than five (5) working
days after the completion of the posting and/or publication
requirement.
10.5. Transmit a copy of the decision together with the records of the
proceedings to the OCRG within five (5) working days after the date of
the decision.
10.6. Perform such other duties and functions as may be necessary to carry
out the provisions of R.A. 9048.
Insofar as applicable, the CG and the D/CR shall perform the duties of the C/MCR
as provided for under this Rule.
Rule 11. Duties and powers of the CRG. - The CRG shall have the following duties
and powers:
11.1. Impugn the decision of the C/MCR or CG or D/CR within ten (10)
working days after receipt of the decision granting the petition based
on any of the following grounds:
11.1.1. The error is not clerical or typographical.
11.1.2. The correction of an entry in the civil register is substantial or
controversial as it involves the change of the age, sex,
nationality or civil status of a person.
11.1.3. The petition for correction of clerical or typographical error
was not posted, or the petition for change of first name was
not published as required under Rule 9.
11.1.4. The basis used in changing the first name or nickname of the
person does not fall under any of the following circumstances:
11.1.4.1. The name or nickname is ridiculous, tainted with
dishonor or extremely difficult to write or
pronounce.
11.1.4.2. The new first name or nickname has been
habitually and continuously used by the petitioner
and he has been publicly known by that first name
or nickname in the community.
11.1.4.3. The change of first name or nickname will avoid
confusion.
11.1.5. The C/MCR does not have authority to take cognizance of the
case.
11.2. Notify the C/MCR or the CG or the D/CR of the action taken on the
decision not later than ten (10) working days from the date of
impugning or approving the decision.
11.3. Act on all appeals or reconsideration duly filed by the petitioner.
11.4. Devise or cause to be devised the forms necessary or required for the
effective implementation of this Order.
11.5. Perform such other duties and functions as may be necessary to carry
out the provisions of R.A. 9048.
Rule 12. Effect of approving the petition for change of name. - When the petition
for a change of first name is approved by the C/MCR or CG or D/CR and such
decision has not been impugned by the CRG, the change shall be reflected in the
birth certificate by way of marginal annotation. In case there are other civil
registry records of the same person which are affected by such change, the
decision of approving the change of first name in the birth certificate, upon
becoming final and executory, shall be sufficient to be used as basis in changing
the first name of the same person in his other affected records without need for
filing a similar petition. In such a case, the successful petitioner shall file a request
in writing with the concerned C/MCR, CG or D/CR to make such marginal
annotation, attaching thereto a copy of the decision.
Rule 13. Effect of denying the petition. - Where the petition is not granted by the
C/MCR, CG or D/CR, as the case may be, the petitioner may either appeal the
decision to the CRG within ten (10) working days from receipt of the decision, or
file the appropriate petition with the proper court. In case the petitioner opts to
appeal the decision to the CRG, the latter shall render decision within thirty (30)
calendar days after receipt of the appeal. The CRG shall furnish the C/MCR, CG or
D/CR a copy of the decision not later than ten (10) working days after the date of
the decision.
Rule 14. Appeal. - When the petition is denied by the C/MCR, the petitioner may
appeal the decision to the CRG, in which case, the following guidelines shall be
observed:
14.1. The adversely affected petitioner shall file the notice of appeal to the
concerned C/MCR within ten (10) working days after the receipt of the
latter's decision.
14.2. The C/MCR shall, within five (5) working days after the receipt of the
notice of appeal from the petitioner, submit the petition and all
supporting documents to the CRG.
14.3. The CRG shall render decision on the appeal within thirty (30) calendar
days after receipt thereof. The decision of the CRG shall be transmitted
to the concerned C/MCR within ten (10) working days after the date of
the decision. Within ten (10) working days after receipt of the decision,
the C/MCR shall notify the petitioner and shall carry out the decision.
14.4. When the petitioner fails to seasonably file the appeal, the decision of
the C/MCR disapproving the petition shall become final and executory,
and the only option left for the petitioner shall be to file the
appropriate petition with the proper court.
14.5. The petitioner may file the appeal to the CRG on any of the following
grounds:
14.5.1. A new evidence is discovered, which when presented, shall
materially affect, alter, modify or reverse the decision of the
C/MCR.
14.5.2. The denial of the C/MCR is erroneous or not supported with
evidence.
14.5.3. The denial of the C/MCR is done with grave abuse of authority
or discretion.
Insofar as applicable, Rule 14 shall be observed in the case of a petition denied by
the CG or D/CR.
Rule 15. Failure of the CRG to impugn. - If the CRG fails to impugn the decision of
the C/MCR, CG or D/CR within ten (10) working days after receipt of the decision
granting the petition, such decision shall become final and executory.
Rule 16. Effect of impugning the decision. - Where the decision of the C/MCR, CG
or D/CR is impugned by the CRG, the petitioner may appeal the decision by way
of reconsideration with the latter within fifteen (15) working days from receipt of
the decision and shall be based only on the ground of new evidence discovered,
or file the appropriate petition with the proper court. The decision which shall be
rendered by the CRG within thirty (30) calendar days after receipt of the appeal
shall be final and executory.
Rule 17. Recording, filing and retrieval of decision. - The CRG shall prescribe the
proper recording, filing and retrieval system of the decisions.
Rule 18. Authority to collect filing and other fees. - The C/MCR or the D/CR is
hereby authorized to collect from every petitioner a filing fee in the amount of
one thousand pesos (P1,000.00) for the correction of clerical or typographical
error, and three thousand pesos (P3,000.00) for change of first name or
nickname. An indigent petitioner as defined under Rule 2.7, shall be exempt from
the payment of said fee.
In the case of a petition filed with the CG, a filing fee of fifty U.S. dollars ($50.00)
or its equivalent value in local currency for the correction of clerical or
typographical error, and one hundred fifty U.S. dollars ($150.00) or its equivalent
value in local currency for the change of first name, shall be collected.
In the case of a migrant petitioner for correction of clerical or typographical
error, there shall be a service fee of five hundred pesos (P500.00) to be collected
by the PRCR. In case the petition is for change of name, the service fee is one
thousand pesos (P1,000.00). The service fee shall accrue to the city or municipal
government of the PRCR. The PRCR shall also collect the filing fee from the
migrant petitioner, which shall be in the form of postal money order or other
form of payment which shall be payable to and transmitted to the RKCR, together
with the petition and supporting documents.
When the petitioner files petition for correction of clerical or typographical error,
simultaneously with a petition for change of first name, and the same document
is involved, the petitioner shall pay only the amount corresponding to the fee for
the petition for change of first name.
The local legislative body shall ratify the fees herein prescribed upon effectivity of
this Order. Prior to ratification by the local legislative body, all fees collected in
connection with this Order shall go to the LCRO trust fund: Provided,
however, That the fees prescribed herein shall be uniform in all cities and
municipalities in the country, and in all Philippine Consulates.
Rule 19. Penalty clause. - A person who violates any of the provisions of R.A. No.
9048 and of this Order shall, upon conviction, be penalized by imprisonment of
not less than six (6) years but not more than twelve (12) years, or a fine of not
less than ten thousand pesos (P10,000.00) but not more than one hundred
thousand pesos (P100,000.00), or both, at the discretion of the court. In addition,
if the offender is a government official or employee, he shall suffer the penalties
provided under existing civil service laws, rules and regulations.
APPROVED this 24th day of July 2001:
For the Office of the Civil Registrar General:
(Sgd.) CARMELITA N. ERICTA